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Yet More EC-Biotech Comments!

Yesterday I happened to hear a lecture about the "Protection of family property against creditors in the enlightenment era court of chancery". Nothing to do with GMOs, but listening to a learned analysis of late 18th century jurisprudence made me wonder - what would future generations, say, in
Tomer Broude 07 Dec 2006 2 min read

Is The Oxford English Dictionary one of the "covered agreements." ?

In its recent post on  Posner and the Rule of WTO Law,  Simon Lester underlines that the “mere mention of "policy preferences" seems to set people in the WTO on edge. This stems from a  fact long ago underlined by Hudec that WTO  activity intrudes upon domestic regulatory
Marc Benitah 05 Dec 2006 1 min read

Posner and the Rule of (WTO) Law

In an early post on this blog, Joel cited some articles by and about Judge Richard Posner, and noted that while Posner accepts that there are limits, he refuses to accept a clear line between interpretation and policy-making.  This line is, if not the definition of the "rule of
Simon Lester 05 Dec 2006 4 min read

An Exercise in (Trade Policy) Legitimation?

Hold your breath.The EU is putting trade policy to public task: http://www.iht.com/articles/2006/12/04/business/trade.php . Is this like putting liberalization to public referendum? If the outcome is negative, could it justify trade restrictions? If it is positive, could it justify openness? One
Tomer Broude 05 Dec 2006 1 min read

"Investment and..."

" Interactions between Investment and Non-Investment Obligations in International Investment Law " by my Hebrew University Colleague Prof. Moshe Hirsch is a systematized analysis of investment tribunals' treatment - perhaps the first - of the overlap between investment law and other areas of international obligation. It's available
Tomer Broude 05 Dec 2006 1 min read

Cape Town Convention

This paper came across on SSRN, and looks interesting, both in terms of the subject it describes, and the method by which it evaluates the benefits of this convention. "Innovation in International Law and Global Finance: Estimating the Financial Impact of the Cape Town Convention" Author: ANTHONY SAUNDERS
Trachtman 04 Dec 2006 1 min read

Biotech Panel Report

Unlike the rest of the world, I have made it a practice not to read leaked WTO panel reports.  I do this out of respect for the integrity of the WTO dispute settlement system.  Therefore, I did not have occasion to consider tackling the new Biotech report until it was
Charnovitz 03 Dec 2006 1 min read

Unappealing Biotech Products

It appears that the EC has decided not to appeal the panel ruling in Biotech.  Why?  And what are the jurisprudential and practical implications of this decision?
Trachtman 03 Dec 2006 1 min read

Trade in Waste Products

In the ongoing retreaded tires dispute, part of Brazil's defense is that it should be able to restrict imports of used tires because of the environmental damage they cause.  But the problem seems to be a more general one, applying to other forms of waste products: Devising measures
Simon Lester 28 Nov 2006 1 min read

Evraz of Russia to buy Oregon Steel for $2.3 billion

Following up on Joel's post that the "Russians are Coming," Evraz Group SA, a steel maker partly owned by billionaire Roman Abramovich, agreed to buy Oregon Steel Mills Inc. for $2.3 billion, the biggest-ever purchase in the U.S. by a Russian company. http://seattlepi.
Simon Lester 21 Nov 2006 1 min read

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Tracking Goods Exports under the Trump Administration's Trade Policies

My sense is that one of the reasons some traditionally pro-trade members of Congress have continued to support Trump's trade policies, despite misgivings they may have about tariffs, is because they hope these policies will pry open foreign markets, leading to increased US exports.
07 May 2026 8 min read

Could Congress Extend the USMCA for Another Term?

People have been assuming that the decision on whether to extend the USMCA for another term is up to President Trump, but based on the language of the USMCA related to the upcoming joint review, could Congress actually have the power to make this decision on its own?
04 May 2026 4 min read

Is There No Going Back on Trade? What Is the Path Forward? A Response to Lighthizer

Former U.S. Trade Rep. Bob Lighthizer has a new essay in Foreign Affairs, and I have some thoughts. I'm going to start with his brief big picture points on the direction of U.S. trade policy, and then go through a couple of the specific concepts he emphasizes.
27 Apr 2026 6 min read

The Section 301 Excess Capacity Investigation Needs Less Madness, More Method

Shortly after the Supreme Court ruled President Trump’s emergency tariffs under IEEPA  unconstitutional, the administration scrambled to rebuild its tariff wall. While the announcement of Section 122 tariffs immediately following the ruling will provide a temporary patch, the U.S. Trade Representative’s office quickly began to utilize another
24 Apr 2026 6 min read

War Tariffs

This is a co-authored post by Kathleen Claussen and Tim Meyer. Last week, President Trump announced that the United States would be imposing new tariffs of 50 percent of the value of any product coming from any country that sells weapons or provides military aid to Iran. Some commentators questioned
14 Apr 2026 5 min read

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